Do I pay state taxes in CO on mineral royalties produced there? I live in MT and know that I have to pay income taxes in MT.

[edselby]

CO deducts severance taxes before payment, but I don't know if they also participate in the income tax business for a non-resident.

[DS30 · Accepted solution]

Yes - since the royalties were actually produced on property located in CO, then you would need to file a CO nonresident tax return to report this CO sourced royalties.

According to the Colorado Department of Revenue, if you are a nonresident, you would have to file a Colorado state tax return if you are required to file a federal tax return and you had any income from Colorado sources.

Income from Colorado sources includes income from a business, trade, occupation or profession carried on in Colorado, including payments for work performed in Colorado as an employee or independent contractor. Rents or royalties from real or tangible personal property located in Colorado, or the gain or loss on the sale or disposition of that property would be Colorado source income.

Please note that you will be able to claim a state tax credit in MT for any taxes paid to CO on income that is being taxed in both states.

Here is additional information about filing in multiple states (select "see more answer" to view the entire attachment)

https://ttlc.intuit.com/replies/3300797